· 6/28/2017
Marandas Family Trust ex rel. Marandas v. Pauley
Citations
- 286 Or. App. 381
- 398 P.3d 914
- 2017 Ore. App. LEXIS 828
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that service connection of a disability and degree of disability are separate elements of disability benefits
- holding that when claimant has both service-connected and non-service-connected disabilities, Board must attempt to discern the effects of each disability and, where such distinction is not possible, attribute such effects to the service-connected disability
- holding that where it is not possible to distinguish the effects of a nonservice-connected condition from those of a service-connected one, the reasonable doubt doctrine dictates that all symptoms be attributed to the Veteran's service-connected disability
- explaining that the need for adequate reasons or bases is \particularly acute when [Board] findings and conclusions pertain to the degree of disability resulting from mental disorders\
- explaining that the need for adequate reasons or bases is \particularly acute when [Board] findings and conclusions pertain to the degree of disability resulting from mental disorders\
- “In this case, there is no medical evidence in the record separating the effects of the appellant’s service-connected PTSD from his personality disorders.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Armstrong, Egan, Schuman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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